georgejonesfan

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About georgejonesfan

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  1. UPDATE: If y'all remember, we asked the JDB to provide certain documents. In their answers to our Requests for Admissions, they kept denying things as untrue based upon Plaintiff's answer to our request for production of documents. Well, the promised documents finally arrived, nearly four weeks after the Discovery period ended. They objected to nearly every request as irrelevant and kept referring to Credigy Receivables, Inc. vs. Robert F. Townsley. They attached a copy of this unpublished Mich Court of Appeals case as well. In their answers to our Admissions they denied when asked to admit that they did not provide us any good or services. They based this denial upon their answers to our documents request, but their documents don't show that at all. Well, I guess I just wanted to let y'all know where we were at. Nothing much has changed, just waiting on the next court date.
  2. Bill of Sale = yes. It's flawed. Massively flawed. affidavits = yes. they're worthless and this is shown in my opposition tio their MSJ. credit card agreement = yes, they did send a copy of an agreement statements of account: you mean, like copies of statements we would have gotten from the OC? Yes. They also sent a Statement of Account. From a different JDB, though they claim to have been assigned the debt by the OC. Still nothing proving they own the account/debt, tho we requested that in our POD request. BV80: I'm sitting on a motion to quash/request for protection from the request. It's ready to go out at any time, I'm just not being too hasty in case new info comes along.
  3. Yeah, I know the next date ain't the trial But if their MSJ is denied and we don't settle (which we ain't gonna) then it'll eventually go to trial. That's the trial I'm talking about prepping for. The opposition is done, and it's solid. Got relevant case law, formatted properly (thanks to you showing me examples) and I even have a nice summary cheat sheet to use at the hearing if need be. So that's all covered, I'm ready for it. And I know you told me to do a MSJ right away, but at that time I was unfamiliar with the Rules, extremely ignorant on the whole thing in general, and probably would have done myself more harm than good. Now, if this all ever happens again, I'll be prepared. But I've never been one to waste time kicking myself for what I shoulda done after the fact. The only thing they've sent me so far for Discovery is their answers to my Admissions. In them they refer to our document requests, but they haven't yet sent any documents we requested. Their answers to the Admissions seems almost like they just went through and randomly answered without reading them, like a kid trying to race through a test in school. They're contradictory. I'll try to find where I posted them a few pages back if you've not seen them already. EDIT: Their answers to our Admissions to them are in post #116 of this thread.
  4. The lawyer did not seem to like the judge at all -- insulted his knowledge of the law first thing. I don't know if there's some past there or not, but I can see slimy lawyers disliking an honest, fair judge. Right now, I just feel like I should be doing something more than just prepping for trial, which I am doing.
  5. Right. And my opposition's been filed, so there's not much more I can do for that right now. Now, there was talk of mediation, too. So, truth be told, I ain't real sure what to expect at the next court date, but as I said, I'm almost 100% certain their MSJ will be denied.
  6. It was adjourned. Judge said it was improper during discovery, which I had put in my opposition. But I didn't rely on that impropriety alone; with your help and with this board, I was able to put together a pretty solid opposition. I'm almost positive the judge will deny it. He's extremely fair in his dealings with us and in the other cases we've sat in on. To catch you up to speed: that happened, plus the lawyer mentioned mediation, then a couple days later we got a supboena for a year's worth of our bank statements for the time period they claim we defaulted. I've got a request for a protective order (motion to quash) drawn up and am sitting on it for a few before I send it off. Be interested in hearing your thoughts on that, bmc100.
  7. Opposition's already in. The hearing was last week, so I got it in before that. MSJ is gonna be the way to go, though, in your opinion?
  8. Well, now it might could be considered a hearing on the MSJ by some, but originally it was scheduled as a pre-trial conference. That's what the judge wanted, and that's what the paper says it is. He told them he'd hear their MSJ when we meet again in March for the 2nd pre-trial conference. So, it's a pre-trial conference during which he'll also hear their MSJ. Not sure why it's so far in the future.
  9. My thoughts were not filing during discovery, but after...after it's clear that what Plaintiff has is woefully lacking. I had been concentrating on a MTD, but I see what you're saying, I think: a MSJ would be a better tool on account of the whole prejudice thing. I guess I didn't realize I, as defendant without any counter or cross claims, could file for a MSJ. I kinda thought the MTD was my only option. I'm way interested in hearing more about this now. Discovery ends next week, and then it's two months til the next pre-trial conference. Love to hear opinions on strategy for that time. Keep in mind, this debt is only for about $2,000. Anything I can do to make their jobs a little harder, I want to do. Twice, if I can.
  10. Yes, the judge said (and I put in my opposition) that MSJ was improper during discovery, so he adjourned it. Wish he had just denied, but that's better than nothing. I'm pretty sure my opposition will work when he does consider it. If not, I will appeal. I was thinking to do the MTD right after discovery ends. Everything they've provided so far is inadmissable, and I pointed that out in my opposition as well. They haven't shown anything at all to prove they own this debt; all their "proof" does is confuse the issue further. I laid the groundwork for this in my opposition to their MSJ and I think all I need to do now is lay it all out for the judge in one nice little MTD. But now I'm wondering about the timeframe -- if the judge hasn't yet heard their MSJ (says he'll do that at next pre-trial conf.) then maybe it'll annoy him if I file a MTD. In my mind, there's a huge dif between a MSJ and a MTD but I don't suppose the court sees it that way? I think I figured out that I ought to motion for a protective order from the court on this request of theirs, but I sure wish there was another way. I hate to have to lay down the $20 to file a motion. If I can turn around and recover my costs legally after I'm done with all this, I'm gonna do it.
  11. I think you're right; it won't hurt to include the irrelevancy. It's the weekend, so maybe tomorrow more people will chime in when they're sitting bored at work
  12. I don't think you're misunderstanding much. At the time they're requesting to see statements from, I had several accounts at several banks. I no longer conduct business with banks -- when you don't have any money, banks tend not to have much use for you! I don't know if the judge will ask that question or not, but it's not unreasonable to believe that, during the darkest days of this late economic depression when they shut Detroit down and I was struggling to feed my kids (I did get assistance for a short time but don't believe in taking from the state when there are more needy people in the city who can't grow their own food, so I raise animals for food, grow a garden, and put up a pantry for the winter) and keep a roof over their heads and seeing they get an education while attending school myself and looking for a job, I didn't pay a whole lot of attention to the details of all the accounts being closed on me.
  13. I don't think they're human enough to recognize the joy in another person's heart, so I think I'm safe They're asking for "any and all bank statements from defendant" for the entire year leading up to the alleged default with OC -- 2009-2010.
  14. Thanks for the response. Don't think I'll bring up the irrelevancy right now. Fact is, I ain't got what they're asking for, and have no way of getting it. What are ya gonna do? I feel downright awful for them, you know, to be spending all this time and money trying to get something that doesn't exist, and here I am, poor white trash getting an education, having fun dressing up to go down to the courthouse, feeling the thrill of outwitting overprivelidged lawyers and all. And what's worse for them is, after all their efforts, I win no matter what, 'cause I have nothing for them to take even if they technically win, which they won't But I'd be a liar if I said I wasn't enjoying every minute of this game they invited me to play, and I'm not ready for it to be over just yet.
  15. I think I brought that up somewhere in this thread, but I'm not sure. I definitely am on it -- I've got a timeline drawn up that shows the inconsistincies. There are a LOT of them. Their "proof" has them purchasing something before it existed.